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: New York Supreme Court Criminal Term Library

LAW.COM Newswire Highlights August 6, 2007

By David Badertscher, PLL

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Testimony at Sotomayor Hearing Opens Bloomberg to Deposition

New York Law Journal

Citing New York City Mayor Michael Bloomberg's testimony during the U.S. Senate confirmation hearing of Judge Sonia Sotomayor's nomination to the Supreme Court, a New York federal judge has ordered the mayor to attend a deposition in a discrimination case claiming that two entry-level tests for New York City firefighters were flawed. Bloomberg's remarks at the hearing indicated that he had a "personal involvement in the events at issue" in the discrimination case, the judge concluded.

Alleged Gunman in Pittsburgh Gym Shootings Was K&L Gates Staffer

The Legal Intelligencer

K&L Gates is offering counseling for employees following reports that the alleged killer at a Pittsburgh-area gym was a systems analyst who had worked at the firm since 1999. Police say George Sodini went on a shooting rampage Tuesday, injuring nine people and killing four, including himself. Sodini kept an online diary, in which he praised K&L Gates but theorized his job might be cut in any future layoffs. Sodini wrote of the firm, "Most people there are OK and I would never have a shoot 'em up there."

9th Circuit Finds for PI Firm Over Theft of Firm's Web Site Content

The Recorder

The 9th Circuit came down on the side of Brayton Purcell in an Internet copyright infringement case Wednesday. The 50-lawyer personal injury and asbestos firm had sued another law firm for allegedly plagiarizing Web content describing its elder abuse practice. Dissenting Judge Stephen Reinhardt said that under the panel's interpretation, every Web site operator faces the potential of being hauled into "far-away courts based upon allegations of intellectual property infringement."

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Billion-Dollar Suit Filed Against Citi and Credit Suisse

The American Lawyer

Litigators from Quinn Emanuel Urquhart Oliver & Hedges have been busy filing cases against banks since the economy went into free-fall. Now, they have their sights trained on a new target: Citibank and Credit Suisse. In a complaint filed on Monday, Quinn client Ambac Credit Products alleges that, because of fraud by the banks, the bond insurer was induced to provide $2 billion in coverage for collateralized debt obligations that were secured by high-risk subprime mortgages.

ABA to File Amicus Brief in 'Bilski' Patent Case

The National Law Journal

At the American Bar Association's annual meeting, the ABA House of Delegates adopted a resolution that will allow the group to file an amicus brief in Bilski v. Doll, a potentially landmark Supreme Court case about business method patents. The proposed ABA amicus brief, as laid out in the resolution, will argue that the patent owners in Bilski aren't eligible for a patent because they're trying to patent an abstract idea, said Rob Lindfjeld, secretary of the ABA's Intellectual Property Law Section.

Stroock Seeks to Scuttle Trump Casino Deal for Bondholder Group

The American Lawyer

Like a gambler on a losing streak, Trump Entertainment Resorts is no stranger in bankruptcy court -- the company entered Chapter 11 for a third time this past February. Now, Donald Trump and a team of lawyers led by Weil face a fight from a bondholder group represented by Stroock that's opposing The Donald's rescue of his Atlantic City gaming empire. The Weil team is led by restructuring co-chair Ted Waksman, at $925 an hour; restructuring partner Michael Walsh ($950); and tax partner Mark Hoenig ($900).

FDIC Sues Baker Botts for Findings of Internal Investigation

The National Law Journal

The Federal Deposit Insurance Corp. has hit Baker Botts with a lawsuit seeking information that the law firm uncovered in its investigation of a defunct Texas savings and loan. The FDIC, as the receiver for Franklin Bank, said that the law firm failed to hand over materials that the agency subpoenaed in July. The action stemmed from an investigation that Baker Botts conducted last year for the savings and loan after one of its vice presidents alleged accounting fraud and misconduct.

Former Partners Face Off in Vegas Strip Club Suit

The American Lawyer

Greenberg Traurig has been bulking up its presence in Las Vegas for the past several years. Now, two partners who joined the firm in May from a well-regarded Sin City shop are facing off against former colleagues in a class action alleging that some of Vegas' bigger strip clubs are paying kickbacks to cab drivers to steer customers to their establishments. With 26 named defendants, the case offers lots of work for plenty of prominent defense firms.

Prominent Attorney Charged With Witness Tampering Faces Heated Cross-Examination

New York Law Journal

One day after taking the stand in his own defense, prominent Manhattan defense attorney Robert Simels faced a withering cross-examination by a federal prosecutor during four hours of questioning Wednesday. Simels is charged with plotting with a client to bribe and threaten potential witnesses. As the prosecutor's voice rose, Simels' attorney complained to the judge about his "tone." "He's got a good point," Eastern District of New York Judge John Gleeson told the prosecutor. "No need to yell."

With Jan Baker Aboard, Latham Seeks to Break On Through to the Debtors' Side

The American Lawyer

When D.J. "Jan" Baker left Skadden in May to join Latham & Watkins, many wondered what it would mean for Skadden, which had just lost two M&A lawyers to Kirkland & Ellis. But his departure was more of a sign of change for Latham, which has always been a stalwart on the creditors' side in corporate bankruptcies. "There's been a recurring question mark in the restructuring world as to when Latham would move towards developing a debtors practice in New York," says Baker. "The answer is now."

Merck, Schering-Plough to Pay $42 Million in Vytorin Settlement

The Associated Press

Merck and Schering-Plough said Wednesday they will pay $41.5 million to settle lawsuits claiming the drugmakers, partners on two blockbuster cholesterol drugs, delayed unfavorable study results because they would hurt sales. Data released last year showed Vytorin to be no more effective than an older, less expensive cholesterol treatment, and cast doubt on the effectiveness of Zetia. The suits, brought by consumers, insurers and others who paid for the drugs, questioned both their effectiveness and their safety.

'Iqbal' Forces Federal Judge's Hand on No-Fly List

The Recorder

Federal Judge William Alsup must apply the heightened civil pleading standards recently laid out by the U.S. Supreme Court. But that doesn't mean he has to like it. In a ruling last week, Alsup dismissed discrimination claims against the city of San Francisco in a high-profile challenge to the federal government's so-called no-fly list. The plaintiff, Rahinah Ibrahim, had alleged that the feds mistakenly placed her on the list, and that city police illegally handcuffed her at San Francisco International Airport.

Title Co. Must Tell Insured That Risk of Attorney's Misfeasance Isn't Covered

New Jersey Law Journal

A title insurer can be liable for attorney theft of a homebuyer's funds if it fails to directly tell the client it is not responsible for any misdeeds, a New Jersey appeals court held on Tuesday. Simply sending notice to the buyer's attorney is not enough, the court said. The court rejected the carrier's argument that a disclaimer notice, included as part of the commitment packet sent to the closing attorney, can be imputed to clients who are victims of his theft.

Canada Pays Record $57 Million to Law Firms

The American Lawyer

According to records obtained by The Lawyers Weekly, the Canadian government spent a record $57.1 million on outside law firms in the 2008-09 fiscal year. It's the most Canada has ever paid out to private law firms in one year and represents a 34 percent increase from legal fees paid in 2007-08. Weil, Gotshal & Manges led the pack of outside legal advisers with $7.7 million in billings for representing Canada in trade disputes with the U.S.

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Law Firm Done With Paper

Special to Law.com

Linarducci & Butler helps clients navigate the Social Security disability benefit process. It typically has 600 to 800 open files with a minimum of 250 pages per file. To alleviate storage problems, improve document access and improve office work flow, the firm put the paper down.

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Have You Really Come a Long Way, Baby?

Texas Lawyer

A few weeks ago, Jack Welch let loose with his view that women, to make it to the top of the corporate food chain, must let work consume their lives and forget work-life balance -- as in: Don't even think about it. Some likely think that's very Gordon Gekko of Welch, says attorney Michael P. Maslanka, but it raises an important question: How far have women come in the workplace, legally and culturally -- not in theory, but in reality?

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How to Survive on a Slashed Salary

Fulton County Daily Report

Big Law Cogs who've managed to survive round after round of layoffs now are reeling from the latest hit to come their way: a pay cut. But don't cry, sympathizes The Snark, because with a few adjustments to your spending habits, you probably won't have to move back into your parents' house. For instance, you can rent out a room in your suburban mini-mansion, and start a Cog Commune. Another alternative: Make the switch to public school for even just one of your kids (the least grateful, of course).

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Full post as published by New York Supreme Court Criminal Term Library on August 07, 2009 (boomark / email).

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